NEWTON v. A.C. & S., INC.

Nos. 90-3144 to 90-3148.

918 F.2d 1121 (1990)

Constance A. NEWTON, as Executrix of the Estate of Hubert Wells, deceased; and Betty Wells; individually and as widow of Hubert Wells; Kenneth T. Marvel and Virginia Marvel, his wife; Ralph R. Cordrey and Verna Cordrey, his wife; Lawrence B. Rowan and Nancy Rowan, his wife, v. A.C. & S., INC., a/k/a Acands, Inc., formerly known as Armstrong Contracting and Supply Corp.; Amchem Products, Inc.; Armstrong World Industries, formerly known as Armstrong Cork Company; Asbestos Corporation, Ltd.; Atlas Turner Ltd., formerly known as Atlas Asbestos Company, a division of Bell Asbestos Mines, Ltd.; Bell Asbestos Mines, Ltd.; Bird & Sons, Inc.; Carey Canadian Mines, Ltd.; Celotex Corporation, individually and as successor-in-interest to the Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing and Panacon Corporation; Charles A. Wagner Company, Inc.; Delaware Insulation Company; Eagle-Picher Industries, Inc.; Fibreboard Corporation; GAF Corporation, individually and as successor-in-interest to Ruberoid Corporation and Vermont Asbestos Mines; Garlock, Inc.; H.K. Porter Company, Inc., individually and as successor-in-interest to Southern Textile Corporation, formerly known as Southern Asbestos Company; Jim Walter Corporation; John Crane-Houdaille; Keene Corporation, individually and as successor-in-interest to Keene Building Products and Baldwin, Ehret and Hill, Inc.; Metropolitan Life Insurance Company; Nicolet, Inc., individually and as successor-in-interest Keasbey & Mattison Co.; Nosroc, Inc., formerly known as G. & W.H. Corson, Inc.; Owens-Corning Fiberglas Corporation; Owens-Illinois, Inc.; Pittsburgh Corning Corporation; Raymark Industries, Inc., individually and as successor-in-interest to and/or formerly known as Raybestos-Manhattan, Inc.; Spray Craft Corporation, individually and formerly known as Asbestospray Corporation; Turner and Newall, PLC, individually and as responsible entity for the actions and products of its former subsidiaries, J.W. Roberts, Ltd., Turner Brothers Asbestos Industrial Products, Ltd., Turner Asbestos Fibres and also responsible for the actions and products of its North American subsidiaries, Keasbey and Mattison, Bell Asbestos Mines, Ltd. (including its wholly-owned subsidiary Atlas Asbestos Company) and Atlas Turner, Ltd. Appeal of MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND (Two Cases). Grace DOUGHERTY, individually and as administratrix of the Estate of Harry Dougherty; Howard J. Cox, Jr., and Patricia A. Cox, his wife; Rudolph Kollar and Jeanne Kollar, his wife; Myron M. Cornett and Gale F. Cornett, his wife; Norman Jackson and Lucille L. Jackson, his wife, v. KEENE CORPORATION, individually and as successor-in-interest to Keene Building Products and Baldwin, Emret and Hill; A.C. & S. Co., Inc., a/k/a Acands, Inc., and formerly known as Armstrong Contracting and Supply Corp.; Amoco Chemicals Corporation; Asbestos Corporation of America; Atlas Turner, Ltd., formerly known as Atlas Asbestos Company, a division of Bell Asbestos Mines, Ltd.; Catalytic, Inc.; Celotex Corporation, individually and as successor-in-interest to the Philip Carey Manufacturing Company, Philip Carey Corporation, Smith and Kanzer, Briggs Manufacturing and Panacon Corporation; Jim Walter Corporation; C.F. Braun & Co.; Delaware Insulation Company; Eagle-Picher Industries, Inc.; Fibreboard Corporation; GAF Corporation, individually and as successor-in-interest to Ruberoid Corporation; Garlock, Inc.; H.K. Porter Company, Inc.; H. Thomas McGuire; Metropolitan Life Insurance Company; Nicolet, Inc., individually and as successor-in-interest to Keasbey & Mattison Co. and Nicolet Asbestos Mines; Nosroc Corporation, individually and as successor-in-interest to G. & W.H. Corson, Inc. and Calcite Quarry Corporation; Owens-Corning Fiberglas Corporation; Owens-Illinois, Inc.; OY Partek AB, previously trading as Paraisten Kalkki Oy and Suomi Mineral Oy; Pittsburgh Corning Corporation; Powhatan Mining Company; Raymark Industries, Inc., individually and as successor-in-interest to Raybestos-Manhattan; Spraycraft Corporation, individually and as successor-in-interest to Asbestospray Corporation; Standard Oil Company (corporation of the State of Indiana); Turner and Newall, PLC, individually and as responsible entity for the actions and products of its former subsidiaries, J.W. Roberts, Ltd., Turner Brothers Asbestos Industrial Products, Ltd., Turner Asbestos Fibres and also responsible for the actions and products of its North American subsidiaries, Keasbey and Mattison, Bell Asbestos Mines, Ltd. (including its wholly-owned subsidiary Atlas Asbestos Company and Atlas Turner, Ltd.); U.S. Mineral Products. Appeal of CELOTEX CORPORATION, Appellant in Nos. 90-3146, 90-3147 and 90-3148.

United States Court of Appeals, Third Circuit.

Decided November 14, 1990.


Attorney(s) appearing for the Case

John C. Phillips, Jr. (argued), Phillips & Snyder, P.A., Wilmington, Del., for appellant, Manville Corp. Asbestos Disease Compensation Fund.

Paul A. Bradley (argued), McCarter & English, Wilmington, Del., for appellant, The Celotex Corp.

Before HUTCHINSON, NYGAARD and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

These consolidated appeals in diversity cases present a novel issue of delicacy and importance of which measures a trial court may take to control its docket. In an effort to expedite its docket, the United States District Court for the District of Delaware issued a minute order after a status conference in these asbestos injury cases fixing a date certain for notice to it by the parties of any settlement of a...

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